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03-11-40 Council Meeting Minutes
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03-11-40 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
3/11/1940
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Be it remembered that the 6ommon Council of the City of South Bend met in regular session in the Council Chambers <br />in the Ciyy Hall, 11onday, March 11, 1940, at 7:53 P.M., with all members present. The reading of the minutes of <br />the previous meeting'was waived. <br />Councilman Pulaski made a motion that the action taken by the Common Council at the last regular meeting in approv- <br />ing a contract between the Board of Public Works and Safety and the American Lafrance Foamite Company be rescinded. <br />Councilman Brannon seconded the motion. Motion carried by roll call vote of 9 ayes - 0 nays. <br />REPORT OF THE COMMITTEE OF THE WHOLE <br />To the Common Council of the City of South Bend: <br />31/11/40 <br />Your Committee of the Whole to whom was referred an ordinance appropriating certain funds from the general funds of <br />the City of South Bend, Indiana, for emergency purposes- <br />Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred tc <br />the Council favorably. <br />Councilman Pulaski made a motion to accept the report. Councilman Richardson seconded the motion. Motion carried. <br />REPORT OF THE COMMITTEE OF THE INHOLE <br />To the Common Council of the City of South Bend: <br />3/4/40 <br />Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of <br />South Bend, Indiana " - <br />Respectfully report that they have examined the matter and that in their opinion this ordinance shall be referred <br />to the City Plan Commission who shall report to the Council at the next regular meeting of the Council. <br />Councilman Pulaski.made a motion to accept the report. <br />REPORT OF THE COMMITTEE OF THE WHOLE <br />To the Common Council of the City of South Bend: <br />Councilman Brannon seconded the motion. Motion carried. <br />3/11/40 <br />Your Committee of the Whole to whom was referred "An ordinance annexing certain contiguous territory to the City of <br />South Bend; 'Indiana " - <br />Respectfully report that they have examined the matter and that in their opinion this ordinance shall be rejected. <br />Councilman Hull made a motion that the ordinance be rejected. Councilman Bishop seconded the motion. Motion carrie <br />Dr. Carter of the Health Department advised the Council that the department was not in a position to make a report <br />on the Petition prohibiting the general public from handling food products due to the fact that the petitioners <br />have not definitely decided on what they want to do. <br />City Attorney Beamer advised the members of the Council that the City is being sued by the Indiana and Michigan <br />Electric Company for unpaid light bills for the year 1934. He suggested that this matter be referred to the. <br />Committee on Claims to investigate. Councilman Niezgodski made a motion that the Claims Committee investigate the <br />claim, Councilman Bishop seconded the motion. Motion carried by vote of 9 ayes - 0 ayes. <br />ORDINANCE NO. 3313 <br />AN,?ORDINANCE APPROPRIATING CERTAIN FUNDS FROM THE GENERAL FUNDS OF THE CITY OF SOUTH <br />BEND, INDIANA, FOR EMERGENCY PURPOSES. <br />This ordinance was given third reading (in full at request of Councilman Pulaski). Councilman Richardson made a <br />motion for the adoption of the ordinance. Councilman Brannon seconded the motion. Ordinance is passed °by roll <br />call vote of 9 ayes - 0 nays. <br />ORDINANCE NO. 3314 (as amended) <br />AN ORDINANCE APPROVING THE CONTRACT ENTERED INTO BY AND BETNEEN THE BOARD OF PUBLIC WORKS <br />AND SAFETY, CITY OF SOUTH BEND, INDIANA, AID THE AMERICAN- LAFRANCE- FOAMITE CORPORATION FOR <br />THE PURCHASE OF A 1250 GALLON MOTORIZED PUMPER FOR THE SOUTH BEND FIRE DEPARTMENT. <br />Councilman Pulaski made a motion that Section 1 of this ordinance be amended by adding the following words to the <br />end of said Section - 'Subject, however, to the approval by the State Board of Tax Commissioners of a special appro- <br />priation of $1870.25 for.fire department budgetary item No. Q (a)' and the ordinance be adopted as amended. <br />Councilman Richardson seconded the motion. Ordinance passed as amended by roll call vote of 9 ayes - 0 nays. <br />CITY OF SOUTH BEND, INDIANA <br />Department of Law <br />March 7, 1940 <br />The Members of the Common Council of the City of South Bend, Indiana <br />Gentlemen: <br />At the meeting of the Committee of the Whole held on March 4th, I was instructed to prepare an ordinance amending <br />Ordinance No. 2183, which is an ordinance pidiibiting the use of the streets and sidewalks for fruit stands, shoe <br />shine stands, etc. In accordance with your instructions I have prepared an ordinance which has been submitted to <br />the Clerk for introduction before your body. <br />In connection with this proposition, however, I think I should call your attention to the case of Housewives' <br />League, Inc. -Trs City of. Indianapolis, 204 Ind. 685. this prohibited the licensing of stands which were defined as <br />any floor,space, ground space, street or sidewalk space marked off or designated for the use of a market and the <br />sale of produce. It was alleged that A certain tract of lard in the City of Indianapolis that originally belonged <br />to the State of Indiana, had been dedicated to the public for the express purpose of holding a public market, and he <br />been so used for a period of more than sixty years. That the streets and sidewalks surrounding this land viere also <br />used for marketing purposes on certain days of the week, and that sidewalk stands had been erected on the sidewalk <br />by small producers who were granted a license to use the sidewalk under the ordinance above specified and been <br />occupying the sidvaalk for that purpose for a period of more than fifty years. Although there was a licensing ord- <br />inance permitting the licensing of stands on public sidewalks, the Board-of Public Safety of the city of Indi anapoli <br />adopted a resolution and order to the effect that no stands would be leased or permitted on the sidewalks at the <br />City Market in Indianapolis. This action was brought by the Housewives' League, Inc. to enjoin the Board of Public <br />Safety from enforcing this resolution and order, and to enjoin it from refusing to grant permits for sidewalk stand. <br />IThe Supreme Court of Indiana, in passing on the question at issue, said: "Nothing to the contrary appearing,, the si <br />walks in question must be considered to belong to and be a part of the streets along which they are built. he word <br />. <br />
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